Western Australian Current Acts Western Australian Current Acts (1) The regulations
may prescribe all matters that are necessary or convenient to be prescribed
for the enforcement of the Pilbara Networks Access Code and the Pilbara
networks rules.
(2) Without limiting
section 131 or 131B or subsection (1), the regulations may do all or any of
the following —
(a)
provide that a provision of the Pilbara Networks Access Code or the Pilbara
networks rules specified in the regulations, or of a class specified in the
regulations, is a civil penalty provision for the purposes of the regulations;
(b)
prescribe, for a contravention of a civil penalty provision the following
amounts that may, in accordance with the regulations, be demanded from or
imposed upon a person who contravenes the provision —
(i)
an amount not exceeding $100 000; and
(ii)
in addition a daily amount not exceeding $20 000;
(c)
provide for demands for the payment of amounts referred to in paragraph (b)
and the enforcement of demands for their payment;
(d)
provide for and regulate the taking of proceedings in respect of alleged
contraventions of provisions of the Pilbara Networks Access Code or the
Pilbara networks rules, provide for the orders that can be made and other
sanctions that can be imposed in those proceedings and provide for the
enforcement of those orders and sanctions;
(e)
provide for the manner in which amounts received by way of civil penalties are
to be dealt with and applied;
(f)
provide for and regulate the taking of proceedings before the Supreme Court
for an injunction restraining engagement in conduct contravening a provision
of the Pilbara Networks Access Code or the Pilbara networks rules and provide
for the granting of an injunction (including an interim injunction) and the
rescission or variation of an injunction so granted;
(g)
provide for and regulate the taking of proceedings before the Supreme Court
for a declaration as to whether a provision of the Pilbara Networks Access
Code or the Pilbara networks rules is being or has been contravened and
provide for the orders that can be made in those proceedings;
(h)
provide for and regulate the taking of action for the recovery of an amount of
loss or damage suffered because of conduct contravening a provision of the
Pilbara Networks Access Code or the Pilbara networks rules;
(i)
provide for and regulate the making of applications for,
and the issue of, warrants relating to the investigation of alleged
contraventions of provisions of the Pilbara Networks Access Code or the
Pilbara networks rules and for the powers exercisable under warrants.
(3) In subsection
(2)(b)(ii) —
daily amount means an amount for each day or part
of a day during which the contravention continues.
[Section 120V inserted: No. 9 of 2020 s. 19.]
[Heading inserted: No. 9 of 2020 s. 19.]